THE PEOPLE OF THE PHILIPPINES, appellee, vs. LOURDES V. LEGASPI, appellant.

FACTS:

The respondent was charged with violating Section 8, Article II 1 and Section
16, Article III 2 of R.A. No. 6425 (otherwise known as "The Dangerous Drugs Act of 1972").

On or about the 14th day of March, 2001, in the Municipality of Meycauayan,

Province of Bulacan, Philippines, between 1:25 am and 2:30 am, members of the PNP
narcotics team went to appellant’s house to implement a search warrant issued by the
judge which specifically contained an order directing the officers of the law to conduct a
search at any time of the day or night.

The officer introduced themselves to appellant and proceeded to search her

house in her presence and the Barangay Tanod. The member saw a transparent plastic
pack with white crystalline substance on top of a rice dispenser and a brick plastic bag
bound with packaging tape. The confiscated evidence was brought to the crime laboratory
office for examination. It yielded a positive findings, it was a Methamphetamine
Hydrochloride (shabu) weighing 8.663 grams which is a regulated drug and 1 brick
marijuana fruiting tops weighing 900.00 grams which is a prohibited drug.

ISSUE:

Whether or not, the conducted search was at reasonable time and in

contravention of the respondent’s request that it be made with her presence.

RULING:

As found by the CA, the search warrant expressly contained a directive for
the police officers to search appellant's house at any time of the day or night. Thus, her
contention that the search warrant was irregularly enforced as the search was conducted
at an unreasonable time (between 1:25 and 2:30 in the morning) has no merit. Her
averment that the search was not made in her presence has no basis, the prosecution
witnesses (the PNP who conducted the search) were very straightforward and consistent
in their testimonies. No improper motive could successfully ascribed to the law enforcers
for implicating appellant in the commission of the offense.
 WHEREFORE, the decision of the Court of Appeals in CA-G.R. CR No. 00278 is
hereby AFFIRMED. Lourdes V. Legaspi is found guilty beyond reasonable doubt of violating
Section 8, Article II and Section 16, Article III of R.A. No. 6425. She is sentenced to suffer the
penalty of reclusion perpetua and ordered to pay a fine of P500,000 in Criminal Case No.
749-M-01. She is also sentenced to suffer the penalty of imprisonment ranging from six (6)
months ofarresto mayor, as minimum, to four (4) years and two (2) months of prision
correccional, as maximum, in Criminal Case No. 750-M-01.